Marriage and divorce in a multi-cultural context
Subtitle: reconsidering the boundaries of civil law and religion
By: edited by Joel A. Nichols
Publisher: Cambridge University Press
Published: 2012
Place of publication: Cambridge; New York
Language: eng
Number of pages: 392
ISBN-13: 9780521194754
Subjects: Religion and law; Marriage law; Divorce; Multiculturalism; Law and legislation; Legal polycentricity
Description: "American family law makes two key assumptions: first, that the civil state possesses sole authority over marriage and divorce; and second, that the civil law may contain only one regulatory regime for such matters. These assumptions run counter to the multicultural and religiously plural nature of our society. They are also wrong. This book elaborates how those assumptions are descriptively incorrect, and it begins an important conversation about whether more pluralism in family law is normatively desirable. For example, may couples rely on religious tribunals (Jewish, Muslim, or otherwise) to decide family law disputes? May couples opt into stricter divorce rules, either through premarital contracts or "covenant marriages"? How should the state respond when couples purport to do these things? Intentionally interdisciplinary and international in scope, this volume contains contributions from fourteen leading scholars. The authors address the provocative question of where the state must consider sharing its jurisdictional authority with other groups in family law"--Provided by publisher.
Notes: Includes bibliographical references and index.
Table of contents: title: Multi-tiered marriage: reconsidering the boundaries of civil law and religion / Joel A. Nichols; title: Pluralism and decentralization in marriage regulation / Brian H. Bix; title: Marriage and the law: time for a divorce? / Stephen B. Presser; title: Unofficial family law / Ann Laquer Estin; title: Covenant marriage laws: a model for compromise / Katherine Shaw Spaht; title: New York's regulation of Jewish marriage: covenant, contract, or statute? / Michael J. Broyde; title: Political liberalism, Islamic family law, and family law pluralism / Mohammad H. Fadel; title: Multi-tiered marriages in South Africa / Johan D. Van der Vyver; title: Ancient and modern boundary crossings between personal laws and civil law in composite India / Werner Menski; title: The perils of privatized marriage / Robin Fretwell Wilson; title: Canadian conjugal Mosaic: from multiculturalism to multi-conjugalism? / Daniel Cere; title: Marriage pluralism in the United States: on civil and religious jurisdiction and the demands of equal citizenship / Linda C. McClain; title: Faith in law?: diffusing tensions between diversity and equality / Ayelet Shachar; title: The frontiers of marital pluralism: an afterword / John Witte Jr. and Joel A. Nichols.